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Matter of Francis v. Goord

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 845 (N.Y. App. Div. 1999)

Opinion

November 12, 1999

PRESENT: GREEN, J. P., LAWTON, HAYES, HURLBUTT AND BALIO, JJ.


Amended petition unanimously dismissed without costs. Memorandum: Respondents' motion to dismiss the amended petition for lack of personal jurisdiction should have been granted. Petitioner served the amended petition by mail upon the Attorney-General and the Oneida County Attorney, but served none of the respondents. "Absent a court order authorizing such service, petitioner did not obtain personal jurisdiction over respondents by serving the petition by mail upon the Attorney-General and the [Oneida] County Attorney" (Matter of Lowrance v. Coughlin, 190 A.D.2d 915; see, Matter of Jarvis v. Coughlin, 88 A.D.2d 1041; Matter of Jones v. Coughlin, 87 A.D.2d 953). Thus, we dismiss the amended petition (see, CPLR 7804 [g]; Schmitt v. Perales, 187 A.D.2d 1041). CPLR art 78 Proceeding Transferred by Order of Supreme Court, Oneida County, Parker, J.


Summaries of

Matter of Francis v. Goord

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 845 (N.Y. App. Div. 1999)
Case details for

Matter of Francis v. Goord

Case Details

Full title:MATTER OF VINCENT J. FRANCIS, PETITIONER, v. GLENN S. GOORD, COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 12, 1999

Citations

266 A.D.2d 845 (N.Y. App. Div. 1999)
697 N.Y.S.2d 430

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